Illinois Surety Co. v. United States ex rel. Peeler
Court of Appeals for the Fourth Circuit
Cross-Writs of Error to the District Court of the United States for the Eastern District of South Carolina, at Columbia; Henry A. Middleton Smith, Judge. Action by the United States, to the use of J. A. Peeler and others, trading as the Faith Granite Company, and others, against the Illinois Judgment for plaintiff for less than the relief demanded, and both parties bring error.
1Opinion of the Court
KNAPP, Circuit Judge.
This suit was commenced on March 4, 1913, under the act of Congress of August 13, 1894, as amended February 24, 1905, which gives to subcontractors under certain conditions a right of action upon the bond of a contractor for the erec-. tion of a public building. For convenient reference the material parts of this statute are reproduced in the margin.1
*336The defendant contractor and his surety, the plaintiff in error, filed separate answers to the complaint on April 4, 1913. Notice was published as provided by the act, and two other subcontractors intervened, one on April…
2Cases cited5 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
- United States ex rel. Watson Flagg Engineering Co. v. WinklerU.S. Circuit Court for the District of Southern New York · 1908
- United States ex rel. Chief All Over v. BaileyDistrict Court, D. Montana · 1913
3Cited by14 opinions
- United States ex rel. John Davis Co. v. Illinois Surety Co.Court of Appeals for the Seventh Circuit · 1915
- London & Lancashire Indemnity Co. of America v. SmootCourt of Appeals for the D.C. Circuit · 1923
- Factors' & Finance Co. v. United StatesUnited States Court of Claims · 1932
- Illinois Surety Co. v. United States ex rel. KelloggCourt of Appeals for the Seventh Circuit · 1915
- Mobile Shipbuilding Co. v. Federal Bridge & Structural Co.Court of Appeals for the Seventh Circuit · 1922
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